If you think your rights have been violated, you must go to court. Appeal to the court begins with the preparation of a competent statement of claim. Even in the absence of a legal education, writing a statement of claim using the law is not difficult.
You will need
Depending on the sphere of your rights that you consider violated, you may need the Arbitration Procedure Code, the Civil Procedure Code or the Code of Criminal Procedure.
Instruction manual
1
First you need to deal with the jurisdiction of your business. Jurisdiction of the case - referring it to the competence of arbitration courts, courts of general jurisdiction and others. The arbitral tribunal is subject to economic disputes and other cases related to entrepreneurial and other economic activities, so if, for example, your rights to use the results of intellectual activity are violated, you should go to arbitration. Small criminal cases (the maximum term of imprisonment for them should not exceed three years, with some exceptions), the bulk of civil cases are considered by justices of the peace. The list of civil cases considered by justices of the peace is listed in Article 23 of the Code of Civil Procedure. Other cases, as a rule, are considered by district courts.
2
As a rule, statements of claim are prepared according to a similar scheme. In the "heading" of the application, on the right side of the sheet, the name of the court to which the application is submitted, the names or names (in cases with legal entities) of the plaintiff and defendant, their data - address of residence or location are indicated. In a statement of claim to the arbitration court, the plaintiff also indicates the date and place of birth, place of work, or the date and place of state registration as an individual entrepreneur, phone numbers, faxes, email addresses. The “body” of the statement of claim lists and substantiates the requirements of the plaintiff, be sure with references to regulatory legal acts. This part is the most important, much depends on the competent validity of the claims. Here, the plaintiff describes the circumstances on which the claims are based. Evidence of these circumstances must be attached to the statement of claim and make a list of them.
3
If there is a price for the claim (for example, the funds recovered from the defendant make up the price of the claim), it is necessary to provide its justification and calculation, if any. At the end of the statement of claim, a list of the attached documents is given (including evidence, receipt of payment of state duty, etc.). The size of the state duty is calculated in accordance with tax legislation, depending on the price of the claim, if any.
4
The finished statement of claim is signed by the plaintiff or his representative if the representative submits the application. The representative must attach to the statement of claim a power of attorney giving him the right to represent the plaintiff in court. The statement of claim is filed with the clerk of the court. It is necessary to make and file as many copies of it as there are persons involved in the case.
note
How to write a statement of claim yourself? Understanding that many of our fellow citizens do not possess legal knowledge, as well as money to pay for the services of a lawyer, lawyer, therefore, we placed recommendations on how to write a lawsuit (lawsuit) in court ourselves.
Useful advice
Ideally, it is best to entrust a professional lawyer. However, if this is not possible, the court will have to make a statement of claim on its own. In order to write a statement to the court, a special form is not required. The document can be printed on a computer or written by hand on an A4 sheet. When preparing a statement of claim to the court, the following data must be indicated: 1. Name of the court to which the statement of claim is submitted.
